400 N Walker Ave #130, Oklahoma City, OK Phone: 405-605-2426
If you have been injured in an accident, your emotions are likely overflowing. You might not be sure what to do next. At Hasbrook & Hasbrook, our Norman personal injury lawyers would be honored to help you. Our experienced personal injury attorney can review your personal injury claim and let you know if you are entitled to compensation.
Learn more about personal injury claims below. Then, contact us to schedule a free consultation.
Our Norman Personal Injury Lawyer Explains Your Rights
Personal injury or “tort” law allows an injured person to seek compensation when someone else’s wrongful conduct causes harm. In Norman, Oklahoma, personal injury laws are guided by state law and court decisions.
The most common types of personal injury cases in Norman that Hasbrook & Hasbrook handles include:
- Premises liability: This category includes slip and fall cases, home or commercial property accidents, and inadequate security incidents. Property owners must maintain safe conditions.
- Motor vehicle accidents: These cases involve injuries from car, truck, motorcycle, or pedestrian accidents. The at-fault driver can be held liable for injuries and damages.
- Product liability: If a defective product causes injury, the manufacturer or seller may be held accountable. This can involve anything from faulty car parts to unsafe pharmaceutical drugs.
- Medical malpractice: When a healthcare provider, such as a doctor or hospital, fails to provide the standard of care required in the medical community, resulting in injury or death, it can lead to a medical malpractice claim.
- Workplace accidents: Injuries at the workplace are typically handled through workers’ compensation claims. But in certain situations, a personal injury lawsuit might be appropriate.
In any personal injury case, the plaintiff (the person filing the lawsuit) must prove that the defendant (the person being sued) was negligent and that their negligence directly caused the plaintiff’s injuries. This involves establishing four key elements: duty, breach, causation, and damages.
- Duty: The defendant had a legal duty to act a certain way toward the plaintiff.
- Breach: The defendant breached that duty by acting or failing to act a certain way.
- Causation: The defendant’s action (or inaction) caused the plaintiff’s injury.
- Damages: The plaintiff suffered damages as a result of the injury.
Personal injury law in Norman, Oklahoma, is complex and varies from case to case. It’s important to consult with a knowledgeable personal injury lawyer who can guide you through the legal process and help you knowyour rights and options.
Statute of Limitations for Personal Injury Cases in Norman, Oklahoma
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. This time limit is generally two years for personal injury cases in Norman, Oklahoma. This means that if you have been injured due to someone else’s negligence, you have two years from the date of the injury to file a lawsuit.
Here are some key points to understand about the statute of limitations:
- Start date: The clock starts ticking on the day the injury occurred or, in some cases, from the day you discovered the injury. This is known as the “discovery rule.”
- Exceptions to the rule: There are some exceptions to the two-year rule. For example, suppose the injured person was a minor or mentally incapacitated at the time of the injury. In that case, the clock may not start until they turn 18 or their mental capacity is restored.
- Government entities: In Oklahoma, the time limit to file a claim is generally one year if your injury is against a city, county, or state government entity.
- Wrongful death: In cases of wrongful death, the family members of the deceased have two years from the date of death to file a lawsuit.
Failing to file a lawsuit within the statute of limitations typically results in the case being dismissed and losing the right to legal recourse. Therefore, acting promptly and consulting with a personal injury lawyer as soon as possible after an injury is indispensable. Hasbrook Law can help ensure all deadlines are met and your rights are protected.
Comparative Negligence Rule in Norman, Oklahoma
The Comparative Negligence Rule comes into play when the plaintiff and defendant share some fault for the injury or accident. Under this rule, the compensation you can receive may be reduced by a percentage equivalent to your level of fault in the incident:
- Shared fault: If you’re partly to blame for the accident that caused your injury, it doesn’t necessarily mean you can’t recover damages. But your compensation may be reduced.
- Percentage of fault: The court determines the percentage of fault for each party involved. For instance, if you were found to be 20% at fault for the accident, your total compensation would be reduced by 20%.
- Modified comparative negligence: Oklahoma follows the “modified” comparative negligence rule. This means that if you are found to be 50% or more at fault, you cannot recover any damages.
- Effect on compensation: The Comparative Negligence Rule directly affects your compensation. For example, if your damages total $100,000 and you were found to be 30% at fault, your verdict would be reduced to $70,000.
- Insurance company negotiations: Insurance companies often use “comparative fault” during negotiations. They may argue that you were more at fault to try to reduce the amount they have to pay.
Determining the Top Value of Your Injury Case
When you win a personal injury case, the court orders the defendant to pay you money, known as damages. Damages are meant to compensate you for the harm you suffered due to the defendant’s actions. These damages are categorized into two types: Economic and Non-Economic Damages.
Economic Damages
Economic damages are quantifiable monetary losses resulting from the injury. These damages are intended to restore you financially to the position you would have been in had the injury not occurred. Here are some examples:
- Medical expenses: This includes costs for hospital stays, doctor visits, physical therapy, prescription medications, surgeries, and any future medical care needed due to the injury.
- Lost wages: If your injury caused you to miss work or reduced your ability to earn income in the future, you could be compensated for these losses.
- Property damage: If your personal property, such as a vehicle, was damaged in the accident, the cost of repair or replacement can be included in your damages.
Non-Economic Damages
Non-economic damages, on the other hand, are not easily quantifiable. They are subjective and often vary significantly from case to case. They are intended to compensate for non-monetary losses associated with the injury. Here are some examples:
- Pain and suffering: This includes compensation for the physical pain and emotional distress you’ve experienced due to the injury.
- Loss of enjoyment of life: If your injury prevents you from enjoying day-to-day activities or hobbies you once enjoyed, you may be entitled to these damages.
- Emotional distress: Serious accidents can lead to psychological effects such as anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for these effects falls under non-economic damages.
- Loss of consortium: This refers to the adverse effects of the injury on your relationship with your spouse, including loss of companionship and affection.
Need an estimate of what your case is worth? Give us a call for a no-obligation consultation.
Filing a Personal Injury Lawsuit in Norman, Oklahoma
Initiating the Lawsuit
The first step in filing a personal injury lawsuit is drafting and filing a legal document known as a complaint or petition. This document outlines your claims against the defendant, the facts supporting those claims, and the damages you seek. Once the complaint is filed with the court, a copy is served to the defendant, who has a specific 20 days to respond.
Discovery Process
After the lawsuit is initiated, both parties enter the discovery phase. This is a vital stage where each side investigates the facts of the case. It involves:
- Interrogatories: Written questions that must be answered under oath.
- Depositions: Sworn testimony given in person and transcribed for later use in court.
- Request for documents: Each side can ask the other to produce relevant documents, such as medical records or accident reports.
Trial and Judgment
If the case isn’t settled during the discovery phase or at mediation, it proceeds to trial. Each side presents their case, including evidence and witnesses, to a judge or jury. After hearing both sides, the judge or jury makes a decision, known as a judgment. This includes whether the defendant is liable and, if so, the damages to be awarded.
Seeking Legal Help: Role of a Personal Injury Lawyer in Norman, Oklahoma
Our job is to get the most money available for your claim. This takes multiple steps:
Case Evaluation and Strategy
A personal injury lawyer begins by evaluating the merits of your case. We analyze the facts, assess the evidence, and determine the best legal strategy. This includes deciding whether to negotiate a settlement or proceed to trial.
Legal Representation
Your lawyer will represent you in all legal proceedings. This includes filing the lawsuit, representing you during the discovery process, and advocating for you in court. They handle all communications with the other party, their lawyer, and the court.
Negotiation and Settlement
Most personal injury cases are resolved through settlement negotiations. Your lawyer will negotiate with the defendant or their insurance company on your behalf. They aim to secure a fair and adequate settlement that compensates for your injuries and losses. The decision to accept a settlement offer or proceed to trial is the client’s decision.
Trial Preparation and Presentation
If your case goes to trial, your lawyer will prepare and present your case. This involves gathering and presenting evidence, examining and cross-examining witnesses, and making persuasive arguments to the judge or jury.
Post-Trial Actions
After the trial, your lawyer can help with post-trial actions. If you win, they can assist with collecting the judgment. If the outcome is not in your favor, they can advise on the possibility of an appeal.
Attorney Costs and Fee Structures in Personal Injury Cases
Clients want assurance that their interests align with their attorneys, particularly regarding the cost of fees:
- Contingency fees: The norm for personal injury attorneys in Norman, including Hasbrook & Hasbrook, is to operate on a contingency fee basis. This means clients do not pay attorney fees unless they win their case or achieve a settlement.
- No upfront costs: Clients benefit from the absence of upfront costs, ensuring that financial constraints do not bar access to quality legal representation. This approach underscores the firm’s dedication to advocating for clients regardless of their financial situation.
- Payment upon successful resolution: The contingency model motivates Hasbrook & Hasbrook to strive for the best possible outcomes, as our fees are directly linked to the client’s case success.
- Transparency in fee communication: The firm maintains clear communication about our fee structure from the initial consultation. Clients receive detailed explanations of potential costs and a breakdown of how fees are calculated in the event of a successful resolution. Our Norman personal injury attorneys are here to represent you.
Contact Our Norman Personal Injury Lawyer to Schedule a Free Consultation
At Hasbrook & Hasbrook, we know you have questions after a critical accident. Our personal injury law firm is here to help you. Always see a doctor after your accident. Then, contact our Norman personal injury lawyer to schedule a free consultation.